Section 42 of the Divorce Act, 1869 - Orders for Children After a Decree of Judicial Separation
Section 42 of the Divorce Act, 1869 gives the court continuing power, after a decree of judicial separation, to make appropriate orders concerning the custody, maintenance and education of the minor children of the marriage and, where required, to place those children under the protection of the court.
Section 42 - Power to Make Such Orders After Decree
After a decree of judicial separation, the court may, on an application by petition for that purpose, make from time to time such orders and provisions concerning the custody, maintenance and education of the minor children of the marriage, or for placing those children under the protection of the court, as could have been made in the decree or by interim orders while the proceedings for the decree were pending.
The provision appears in Part XI of the Divorce Act, 1869, dealing with the custody of children. The official India Code text identifies Section 42 as "Power to make such orders after decree".
Meaning and Scope of Section 42
Section 42 is a post-decree provision. A decree of judicial separation does not prevent the court from subsequently addressing the needs and welfare of minor children affected by that decree. The court may revisit child-related arrangements when an application is made and may pass further orders from time to time.
1. A decree of judicial separation must already exist
The section operates after the court has granted judicial separation. It therefore supplements the court's power to make child-related orders during the judicial-separation proceedings and in the decree itself.
2. An application is made by petition
The statutory power is invoked upon an application by petition for the purpose of obtaining appropriate orders concerning the minor children of the marriage.
3. Orders may be made from time to time
The words "from time to time" give the provision a continuing character. Child-related arrangements may require reconsideration as circumstances change, including matters affecting care, support, education or protection.
4. Matters covered by the section
- Custody: arrangements concerning the care and custody of minor children.
- Maintenance: financial provision for the support of minor children.
- Education: orders and arrangements relating to the children's education.
- Protection of the court: where appropriate, an order placing minor children under the court's protection.
Relationship with Section 41
Section 41 of the Divorce Act, 1869 deals with orders concerning children in a suit for judicial separation, including interim and decree-stage orders. Section 42 continues that protective jurisdiction after the decree has been passed.
Related Provisions
Sections 43 and 44 contain corresponding provisions concerning custody and post-decree orders in suits for dissolution of marriage or nullity. Section 43 addresses orders during suits for dissolution or nullity, while Section 44 addresses orders after decree or confirmation.
Official Text of the Divorce Act, 1869
For the authoritative statutory text and the current consolidated Act, refer to India Code, the official Government of India legal database.
Official Divorce Act, 1869 - India CodePractical Note
Section 42 concerns the statutory power of the court after judicial separation. The order appropriate in an individual case depends on the facts, the relief requested, the circumstances of the child and other applicable law. This page is a general explanation of the provision and is not a substitute for case-specific legal advice.
Last reviewed: 24 September 2026. Statutory source checked against the official India Code text of the Divorce Act, 1869.